The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-05-25
Pettis, Bassett&
HARRISON AND GAPEN SHOW FIGHT.
They Declare that the Governors Attempt to
Remove Them Is Unlawful.

While DR.. Harrisons friends were yesterday
sndeavoring to persuade the Governor not 20
appoint any one in his place president of the
State benevolent boards, the Doctor himself
az Lebanon, to hear Judge Terhunes decision
the Harrison demurrer to the Attorney generals
complaint 1t is in this suit that the Attorney
general seeks to recover from Harrison the
cess of salary paid him on the claim that he was
entitled to a salary as president and trustee on
the several boards. The demurrer. was sustained,
the judge holding that officer in drawing his
salary does not perform official act. IF he
draws more than the amount due him it is an
unlawful act but In either case the bondsmen
are not liable. The Attorney general will take
the question to the Supreme Court
The Democrats tried TO get from this decision
some comfort. but they recognized that the
party had to deal with a serious matter with
the Governor of their choice and themselves di-
recty opposed 10 each other on the legal aspect
of the Governors action in appointing Flack TO
succeed Gapen on the Insane Hospital board.
IL is the Democratic view that Governor Gray
has erred in his Interpretation OF the law. and
this is based upon the constitutional provision
that whenever it is provided in the Constitu-
ton. in any law which may hereafter be
passed, that any officer other than a member of
the General Assembly. shall hold his Office for
any given term. the same shall be Construed to
mean that such officer shall hold his Office for
such term. and until his successor shall have
been elected and qualified" Gapen saws that he
elected and qualified. Governor Gray
claims that the trustees were not
slected. but appointed hence. it be-
ing appointivs office, he has the
power TO act in making appointment, since
the General Assembly failed TO do It. and Gapens
term had expired Gap-n however, goes fur
Their. and draws in the Brown bill itself for sup
port That law provides that forfeiture of
ofice can be only through judicial action on the
Attorney general instiiutIng proceedings to that
spd. In the event of death resignation, removal
mr. haQ rha n an
point in filling the vacancy, until the General
Assent bly, meets. The Democrats saw upon the
assurance OF the Governor himself that Gapen
aid not resign. He could not be removed by the
Governor, nor has a forfeiture of the Office been
declared A removal can only follow forfeiture,
they assert, and the Governor has power to
appoint until that is done by the Attorney gen
Drhl beginning proceedings against Gapen.
''Dr. Harrison is stubborn man." said a
Democrat 'He will not submit TO the Gov
srnor. 1t would be foolish for him to do so. for
the Democratic side of the Legislature excul-
pated tho trustees in the investigation. Harri-
son and Gapen thus Endorsed by the party.
What object Governor Gray has cannot say.
but he will gain nothing by it, for both Harrison
and Gapen will remain trustees until the SUI
Drems Court says they shall retire" On the
other hand. the Governor, IL is intimated. ex-
poets TO appoint president of the boards in
place Of Harrison. but IL is not thought that this
will be donS for several days. No matter which
way the Governor acts, whether he finally snb-
nits 10 the party or appoints a Har-
with the Governor and his friends on the one
other.